§ 4.1-22-01 — Definitions

In this chapter, except as otherwise provided:
1. "Certificate of inspection" means a document issued or authorized by the
commissioner stating nursery stock is practically free from damaging pests.
2. "Commissioner" means the agriculture commissioner or the commissioner's designee.
3. "Grower" means any person that takes a reproductive part of nursery stock and
increases the size and development of the stock for at least one full growing season. A
grower includes a person producing nursery stock from tissue culture.
4. "Infested" means infected with a quantity of pests or so exposed to a quantity of pests
that it would be reasonable to believe potential for harm or threat to the health of the
host nursery stock exists.
5. "Nonhardy" means plant species, varieties, and cultivars that will not survive climatic
conditions in North Dakota.
6. "Nursery" means any place where nursery stock is propagated, grown, or offered for
sale.
7. "Nursery stock" means all trees, shrubs, woody vines and their parts that are capable
of propagation or growth, except seed. Only plants intended for outdoor planting are
considered nursery stock.
8. "Pest" means any invertebrate animal, pathogen, parasitic plant, or other similar
organism that can cause damage to nursery stock.
9. "Place of business" means each separate location from which nursery stock is being
offered for sale.
10. "Viable nursery stock" means nursery stock that is capable of living and accomplishing
the purpose for which it is grown, whether for foliage, flowers, fruit, or special use.